Union chiefs: Words hurt

Published 1:00 am, Tuesday, May 18, 2010

James Lyman at a news conference in 2006. Lyman said he's "been ridiculed" from fallout of his opposition to District Attorney David Soares in 2008 election. (Steve Jacobs / Times Union)

James Lyman at a news conference in 2006. Lyman said he's "been ridiculed" from fallout of his opposition to District Attorney David Soares in 2008 election. (Steve Jacobs / Times Union)

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Albany police union President Christian Mesley in the studio of 1300 AM in September 2009. Mesley has filed a lawsuit claiming he suffered "public hatred" and stress from comments made by District Attorney David Soares. (John Carl D'Annibale / Times Union) less

Albany police union President Christian Mesley in the studio of 1300 AM in September 2009. Mesley has filed a lawsuit claiming he suffered "public hatred" and stress from comments made by District Attorney ... more

Photo: John Carl D'Annibale

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District Attorney David Soares blasted two police union leaders in 2008, accusing them of lying about his office's role in a police shooting case handled by a special prosecutor. The union leaders have filed a lawsuit over the comments. (Times Union Archive) less

District Attorney David Soares blasted two police union leaders in 2008, accusing them of lying about his office's role in a police shooting case handled by a special prosecutor. The union leaders have filed a ... more

Photo: Skip Dickstein

Union chiefs: Words hurt

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ALBANY -- Albany County District Attorney David Soares is facing a personal injury lawsuit filed by two leaders of a law enforcement union who claim they suffered "mental anguish" from comments Soares made about them during the 2008 election cycle.

The unusual lawsuit was filed last October by James F. Lyman, a retired Albany detective and executive director of Council 82, and Christian M. Mesley, an Albany police officer and president of Council 82. The two have clashed with Soares publicly for years and have openly supported opponents of the district attorney in the past two elections.

Mesley's claim is that he suffered undue stress, and possibly vertigo, as a result of the "public hatred" he endured after Soares allegedly indirectly referred to Lyman and him as "liars" for statements they made during the 2008 election campaign.

Their lawsuit seeks unspecified damages for libel and slander. The claim centers on comments Soares made in October and November 2008 when he was facing a challenge in the primary and general election from Roger Cusick, an attorney who had staunch support from Lyman, Mesley and Council 82, which lended financial support to Cusick's campaign.

That fall, Mesley and Lyman staged public protests against Soares, including outside his former residence in Delmar, and criticized his experience and qualifications for the office. On Oct. 30, 2008, days before the election, Lyman and Mesley organized a protest in front of the Albany County Judicial Center and criticized Soares over a judge's decision to set bail for a man accused of pointing a gun at two Albany police officers.

After the union's protest, including the issuance of a news release, the district attorney's office said the union's allegations were misleading because county prosecutors were recused from the case and had no say in the bail amount set by the judge. Soares said his office asked for a special prosecutor to handle Telemaque's case because the district attorney's office was overseeing the grand jury investigation that later exonerated the officers who shot Telemaque.

Mesley and Lyman had said Soares should have prosecuted Telemaque and instead left the investigation that cleared the officers to a special prosecutor.

Not long after the election season quieted, Lyman and Mesley filed the claim against Soares, both individually and in their capacity as leaders of Council 82.

The union's general counsel, Ennio Corsi, handled the case until the lawsuit was turned over to a private attorney last month. Elmer Robert Keach III, the attorney retained by Lyman and Mesley, did not respond to a request for comment.

Lyman declined comment on both his and Mesley's behalf last week and referred questions to Keach.

Soares referred questions to Mae D'Agostino, an attorney hired by the county to represent him. "I wouldn't want to say anything more that may hurt their feelings," Soares said.

D'Agostino said she is seeking to have the case dismissed.

The lawsuit cites specific comments allegedly made by Soares to a local television station on Oct. 30, 2008.

"It is very disingenuous and troubling that former law enforcement, people who are familiar with the criminal justice system, are out there perpetrating what is essentially a lie ..." the lawsuit quotes Soares as telling a local television station.

Lyman and Mesley claim their "reputation in the community" and "standing in their profession" were injured. "Defendant Soares' statement caused plaintiffs humiliation and mental anguish in their public and private life," the lawsuit states.

The union leaders were deposed a year ago by D'Agostino. During Mesley's deposition, he continued to criticize Soares for the bail amount -- $25,000 -- set by a judge in the Telemaque case. The bail argument was made by a special prosecutor, Marie Beckford, who had asked for $50,000.

"I felt that even though ultimately the judge has the authority to set the bail, I felt that there could have been more of a strenuous attempt on the DA's office to come up with a higher bail or a remand to the county jail," Mesley said. "I felt that Mr. Soares' office should have handled the case. ... To hand it off to a special prosecutor was a slap in the face, in my opinion, and to the membership."

Mesley, who is president of the Albany Police Officers Union, which is part of Council 82, also criticized Soares for his "pursuit of public integrity prosecutions."

"I don't appreciate his pursuit of every chance he gets it seems like he's willing to prosecute a police officer for any type of misconduct," Mesley said. He cited a case in which a city police officer prosecuted by Soares' office pleaded guilty to a fraud charge for filing a police report stating his cellphone had been stolen after he dropped it in a toilet.

"If the general scumbag in the county can get a plea deal, why can't my guys get a plea deal," Mesley said. "Why such a passion for the police officers? I don't get that."

Mesley also said in the deposition that he has suffered "mental anguish, ridicule, public hatred" from Soares' comments.

"I have had physical problems as a result of these, these statements by Mr. Soares, you know, sleeping, stress among -- I'm on blood pressure medication." Mesley added that he also had a case of vertigo and "I was told that that could have been triggered by stress."

D'Agostino asked Mesley in the deposition "are there any other examples of public ridicule that you can give me?"

"I listen to the 1300 talk show (WGDJ-1300AM) and I've heard callers call in there expressing that myself and Mr. Lyman should mind their own business and stay out of political races," Mesley said.

Lyman was asked by D'Agostino in his deposition about any "evidence of public hatred" that resulted from Soares' statements that law enforcement union leaders had told lies about him during the election.

"During the campaign and afterwards, subsequently, when Mr. Soares was elected, both public, privately and professionally, I've been ridiculed for having endorsed Cusick," Lyman said. "I don't know how many times I've been referred to as a liar as a result of that. I have to look my children in the eyes."

It's unclear whether Keach, the attorney for Lyman and Mesley, is being paid by the union. If they are successful in obtaining a financial settlement or judgement, they would stand to benefit personally from any payout. The case is pending before acting Supreme Court Justice Thomas J. McNamara and scheduled for a conference June 7.

Meanwhile, Telemaque is in jail. Federal prosecutors brought a criminal case against Telemaque in December 2008, three months after he was shot. He was accused of pointing a loaded handgun at the police officers as they chased him on foot. In May 2009 Telemaque pleaded guilty in U.S. District Court to possession of a firearm in furtherance of a drug trafficking conspiracy and cocaine trafficking charges. He faces up to life in prison at his sentencing, which is scheduled for June 1 in U.S. District Court.